US Green Card: Sponsors responsible for their spouse's finances for years

Sponsoring a spouse for a US Green Card means signing an Affidavit of Support, a binding pledge that can hold sponsors and even family members financially responsible for years

Thinking about sponsoring your spouse for a Green Card? Marrying an immigrant comes with responsibilities. One of the most important is the Affidavit of Support, a legal agreement where you pledge to financially support your spouse, according to the US Citizenship and Immigration Services (USCIS).

 

This matters for many Indian families because a large share of Green Card applications involve spousal sponsorships. The affidavit, known as Form I-864, puts a heavy and long-lasting obligation on the sponsoring spouse.

 

What the affidavit means

 

“When you sign Form I-864 (Affidavit of Support), you take on a legal financial responsibility for your spouse. This means you agree to maintain their income at 125% of the federal poverty guideline — ensuring they don’t rely on public benefits,” said Abhisha Parikh, a US-based immigration lawyer, in a social media post.

 

 

Parikh added, “If your spouse receives public benefits during this period, the government may seek reimbursement directly from you.”

 

USCIS guidance goes further. “If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible,” the agency notes.

 

This means liability can extend beyond the couple. For Indians who often rely on extended family income to meet sponsorship thresholds, that risk can fall on relatives as well. 

 

How long the responsibility lasts

 

The financial obligation is not short term. USCIS explains that it continues until your spouse:

 

• Becomes a US citizen

• Accrues 40 qualifying work quarters in the US (about 10 years)

• Permanently leaves the country

• Or passes away

 

Note: Divorce does not end the sponsorship obligation.

 

Who does not need to submit the affidavit

 

There are some exceptions where the affidavit is not required:

 

• Individuals with 40 qualifying quarters of work in the United States

• Self-petitioning widows, widowers or special immigrants under an approved Form I-360

• Battered spouses or children with an approved Form I-360

• Orphans adopted abroad by US citizens if adoption is completed before permanent residence is granted, provided both parents have seen the child before or during adoption 

 

Indian share in Green Cards

 

In financial year 2023, about 78,100 Indian nationals received US Green Cards — roughly 7 per cent of all issued. Around 60 per cent of them were through family-based categories, either as immediate relatives of US citizens or under family-preference routes, according to USCIS data.